HOLIDAY MAGIC STARTS WITH YOUR WISH...

OCEAN DOWNS CASINO HOLIDAY WISHES

RULES, TERMS AND CONDITIONS

1.  Eligibility
No purchase necessary. Ocean Downs Holiday Wishes (the “Contest”) is open to legal residents of Dorchester, Sussex, Wicomico, Worcester and Somerset Counties in Maryland who are twenty-one (21) years of age of older at the time of entry. You shall provide proof of age upon request by providing Sponsor with a copy of your valid state-issued driver’s license or other form of state-issued identification.  Employees of Ocean Downs Casino, Churchill Downs, and other companies associated with the contest and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations. The Contest is void where prohibited by law.

2.  Sponsor
The Contest is sponsored by Ocean Downs Casino, located at 10218 Racetrack Road, Berlin, Maryland 21811 (the “Sponsor”).

3.  Agreement to Rules, Terms and Conditions
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Rules, Terms and Conditions and the decisions of the Sponsor, which are final and binding. Being granted a prize is contingent upon being compliant with these Rules, Terms and Conditions and fulfilling all other requirements set forth herein. Sponsor may modify or amend these rules by posting substitute rules through a link available at https://oceandownsholidaywishes.pgtb.me/6XscGt

4.  Promotion Period
The Contest begins Monday, November 20, 2023 at 9:00 AM EST and ends on Sunday, December 10, 2023 at 5:00 PM EST (the Contest Period). Entries that are submitted before or after the Contest Period will be disqualified. Use of any automated system to submit entries is prohibited and will result in disqualification.

5.  How to Enter
To enter the Contest, entrants must fill out the form located here: https://oceandownsholidaywishes.pgtb.me/6XscGt

All fields of the form must be filled out. Entrants must explain in 500 words or less a wish that they would like to have granted by Ocean Downs Casino. The wish can be anything that the entrant would like to have granted for themselves, a loved one or a friend.

Obscene, provocative, or otherwise objectionable content will not be considered, and such determination is solely at the discretion of Sponsor.

The Entry must fulfill all Campaign requirements, as specified, to be eligible to be granted a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. Sponsor will not accept or discuss any submissions via e-mail, mail or telephone. You must provide the information requested. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification.

By entering this contest, you represent and warrant that your Entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your Entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your Entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor and their promotion agencies from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor and their promotion agencies may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

6.  Prize Selection
The Sponsor will establish a team of staff members that will review all entries submitted. The Sponsor will then decide which entries will be “granted” and the associated prizes that will be awarded.

The Sponsor will award a minimum of one prize in the form of granting a submitted wish. Sponsor reserves the right, at its sole discretion, to award additional prizes in the form of granting submitted wishes. Value of prizes may vary.

Prizes are not transferable and cannot be assigned, redeemed for cash or substituted except at the sole discretion of Sponsor. Prizes are awarded “as is” with no warranty/guarantee.   

8.  Winner Notification
The Sponsor will send notice to the potential winner(s) via the email address that was provided by the Entrant on the entry form, (the “Notice”). The potential winner must follow the instructions contained in the Notice in order to validly claim their Prize. If a potential winner does not respond within three (3) days after the date of the Notice or is otherwise determined by the Sponsor to be ineligible to win a Prize, the Sponsor may choose to select an alternate potential winner in his/her place from the remaining non-winning, eligible entries OR forfeit the prize. The Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information.

Once a Winner is confirmed, Sponsor will send the Prize to the Winner. The winner is solely responsible for all federal, state and local taxes and other fees associated with the receipt of the Prize.  The potential winner must continue to comply with all terms and conditions of these Rules, Terms and Conditions and the award of the Prize is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right not to award the Prize to an alternate winner. It is the sole responsibility of the entrant to notify Sponsor if his or her contact information changes.

9.  General Condition
In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Promotion is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules, Terms and Conditions or (b) terminate the Promotion and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Rules, Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Promotion may be cancelled, modified, terminated or suspended if Facebook changes their rules or guidelines during the course of the Promotion so as to interfere with Sponsor's intended conduct of this Promotion.  Failure by the Sponsor to enforce any provision of these Rules, Terms and Conditions shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Promotion if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Promotion, as determined by Sponsor in its sole discretion.  In such event, Sponsor reserves the right to award the Prize from among the eligible entries received up to the time of the impairment.  Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Rules, Terms and Conditions.  Sponsor’s failure to enforce any term of these Rules, Terms and Conditions shall not constitute a waiver of this provision.

10.  Release and Limitations of Liability
By participating in the Promotion, entrants agree to release and hold harmless the Sponsor, Facebook, each of the companies featured in the Promotion and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Promotion, and each of their respective officers, directors, employees, shareholders, representatives, successors, assigns and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Promotion, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Promotion; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) text messages; (e) any other errors or problems in connection with the Promotion, including, without limitation, errors that may occur in the administration of the Promotion, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, or text messages or in any Promotion-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the entrant be entitled to receive attorneys’ fees. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Except where otherwise provided by law, Sponsor excludes all warranties of any kind, whether express or implied.  No representations or warranties of any kind are made (and are hereby expressly disclaimed) with respect to the Promotion.

11.  Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Maryland. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Terms and Conditions, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Maryland, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Maryland.

12.  Privacy
Information collected from entrants is subject to Sponsor’s privacy policy set forth at http://www.churchilldownsincorporated.com/our_company/privacy_policy.html

13.  Sponsor Ownership of Entries
Entries, along with all copyright, trademark and other proprietary rights associated therewith, become the property of the Sponsor upon submission, and entries will not be returned to any entrant. Without limiting the generality of the foregoing, you acknowledge that the Sponsor will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the entries in any manner or medium now existing or hereafter developed, without separate compensation to you or any other person or entity. Sponsor’s use of the entry may include, but shall not be limited to, use on the Sponsor's Facebook page and the broadcast of entries and information on television and radio.

14.  Winners’ Information
After the winners have been selected and verified, the winners’ name will be made publicly available by the Sponsor, such as through Internet websites, newspaper advertisements, and other methods of distribution, and used for promotional or marketing purposes. Winners will also be featured on the WBOC television station in advertisements, promotions and during new broadcasts.

15.  Use of Winners’ Name, Likeness, etc.
Except where prohibited by law, entry into the Promotion constitutes permission to use winners’ name, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, the winners may be required to execute and deliver to Sponsor, written consent to use their name, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

16.  Affidavits and Release of Liability
As a condition of being awarded the Prize, the winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Rules, Terms and Conditions and release of liability.

17.  Disclaimer
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you hereby release and hold harmless Facebook from any and all liability associated with this Promotion.

18.  Winner List
You may obtain a list of the winners and/or a copy of these Rules, Terms and Conditions through the United States mail by sending a self-addressed, business sized stamped envelope to:

Ocean Downs Casino – Holiday Wishes Winner List
Ocean Downs Casino
10218 Racetrack Road,
Berlin, Maryland 21811
United States

Requests for the winner list must be received before June 9, 2024.